GTC
Legal Regulations concerning the Airport Portal
1. General Provisions
1.1 The website of Frankfurt Airport at www.frankfurt-airport.com (Airport Portal) is operated by
Fraport AG
60547 Frankfurt am Main
Germany
Registered at the Frankfurt am Main District Court under HRB 7042
VAT ID no.: DE 114150623
Phone: +49 69 690-0
E-mail: info@fraport.de
(hereinafter referred to as “Fraport”).
1.2
These Terms & Conditions of Use apply to all interactions between Fraport and users of the Airport Portal unless special terms and conditions of use or business or contracts with other providers using the Airport Website make more specific provisions for other services (e.g. terminal parking or the Fraport Service Webshop). The special terms and conditions applicable in each case can also be viewed on the Airport Portal or on linked pages of the providers.
1.3
Individual agreements take precedence over these Terms & Conditions of Use. Only individual agreements take precedence over these Terms & Conditions of Use. To facilitate verification, such agreements must be in writing.
1.4
Terms and conditions of business that deviate from, contradict, or supplement these Terms & Conditions of Use shall not become part of the contract unless Fraport explicitly agrees to them in writing.
1.5
The relevant statutory requirements shall apply only if they are not directly changed or explicitly excluded by these Terms & Conditions of Use.
1.6
Fraport reserves the right to adjust these Terms & Conditions of Use and if relevant also these supplementary provisions to account for any future business, legal, or technical developments. The currently valid Terms & Conditions of Use that can be viewed on the Airport Website when registering or purchasing products shall apply.
1.7
Changes that confer advantages on users or are neutral in this regard shall have immediate effect. All other changes shall be communicated to the user in writing at least two months prior to their entry into effect. The user shall be deemed to have consented to changes unless he/she objects to them in writing to Fraport within one month; the date on which such an objection is sent shall apply. When changes are announced, Fraport shall notify the user of his/her right to object and the consequences of not exercising it. If the user objects to the changes, Fraport shall terminate the utilization contract pursuant to number 9.2 of these Terms & Conditions of Use.
1.8
If changes concern the object of the contract, Fraport may implement them only if they are reasonable for the user while taking Fraport’s interests into account. In particular, changes shall be deemed reasonable for the user if they remain within the bounds of what is usual practice on the Internet and do not discriminate against the user in violation of the principles of good faith.
2. Subject of the Contract and Scope of Services
2.1
The Airport Portal constitutes a free offer by Fraport to let the user take advantage of information and selected services related to the airport. The user may make use of the offerings either as a guest or as a registered user.
2.2
If Fraport does not itself provide the services mentioned in 2.1, Fraport does not become the user’s contractual partner. Fraport is not responsible for the services of the providers. All complaints about their services must be directed to them.
2.3
Fraport plans to operate the Airport Portal on a long-term basis. However, the user has no legal claim to future use of it. If Fraport should decide to cease operating the Airport Portal, Fraport shall notify the user of this intention in advance.
2.4
Fraport reserves the right to change, extend, or reduce the content, structure, and design of the Airport Portal within the scope of what is usual practice on the Internet.
2.5
Fraport is entitled to temporarily limit the usability of the Airport Portal, individual functions thereof, or access to it if there are legal or technical reasons for doing so. In particular, these technical reasons can be, but are not limited to, maintenance work, updating of underlying software, or measures to ensure the security or integrity of the Airport Portal.
3. Registration and Opening of a User Account
3.1
Users may open an account by registering for the Airport Portal. This is done by performing a registration process on the Airport Portal or Fraport APP, which involves correctly entering all requested data in a form, acknowledging these Terms & Conditions of Use, consenting to the data privacy policy, clicking the “open account” button, clicking the confirmation link in the e-mail sent by Fraport, and defining a password in accordance with Fraport’s instructions.
3.2
The user can check his/her entries at any time during the registration process and correct any mistakes right in the corresponding fields.
3.3
After registration has been completed, Fraport opens an account for the user. This gives rise to a contract between the user and Fraport. It is not necessary to explicitly inform the user of this fact.
3.4
After opening the account, Fraport does not store the text of the contract in a form that the user can access.
3.5
If the personal data provided by the user while registering should change, he/she shall inform Fraport of the new data or enter the changes in the account profile without delay.
3.6
The user shall safeguard his/her user name and password to prevent unauthorized access and use by third parties. If there is evidence of illegitimate use of the data by third parties, the user shall notify Fraport immediately. In such a case, Fraport is entitled to block access by the user. Fraport will never phone or e-mail the user asking him/her to divulge his/her password.
3.7
The user is liable for all actions performed via his/her account. Cases of abuse are exempted if the user cannot be held responsible for them.
3.8
The user undertakes to register for and keep only one account with Fraport at the same time. The account is not transferable.
4. Conduct on the Airport Portal
4.1
The Airport Portal and the underlying databases may only be used in the ways intended by Fraport. In particular, the information involved may only be accessed using an Internet browser.
4.2
It is prohibited,
a) to evade or disable functions (e.g. search windows) of the website or to otherwise interfere with Fraport’s website and in particular to take any action that could overload the infrastructure of Fraport’s website,
b) to block, overwrite, or modify content generated by Fraport, or
c) to use automated functions (e.g. algorithms or machines) to acquire products.
4.3
It is also prohibited,
a) to act fraudulently or deceitfully,
b) to distribute, initiate, or advertise spam, chain letters, or pyramid systems,
c) to collect or in any way obtain and store information of or about other users, and in particular e-mail addresses, without their permission, or
d) to send or make accessible viruses or other harmful software that could impair or damage Fraport’s websites or the computer systems of other users.
5. Consequences of Violations (Constraints / Lockout / Deletion)
If there is concrete evidence of violations of these Terms & Conditions of Use, laws or other legal provisions, or the rights of third parties, Fraport reserves the right
· to warn the user,
· to temporarily limit or block the user’s access to the Airport Portal, and/or
· to definitively block the user’s access and delete his/her account if there are important grounds to do so.
6. Intellectual Property
The content (texts, images, graphics, etc.) and information on the website are the intellectual property of Fraport or the providers. It is prohibited to reproduce, disseminate, otherwise publicize, or process them without the consent of the party that owns the rights. It is only permissible to use this content after obtaining the written consent of Fraport or the provider concerned.
7. Limitation of Liability
7.1
Fraport accepts no liability for the attributes, safety, or legality of products advertised by the providers.
7.2
In cases of intent or gross negligence—irrespective of the legal grounds—Fraport shall be liable for damages.
7.3
In cases of simple negligence, Fraport shall be liable only if a substantive contractual obligation is violated, with this liability being limited to providing compensation for damages that are reasonably foreseeable at the time of concluding the contract. A substantive contractual obligation is one that is essential for achieving the intended purpose of concluding the contract and whose fulfillment may typically be expected.
7.4
The limitation on liability stated in number 7.3 does not apply to damages arising from loss of life, injury, or harm to health. Nor does it apply to malicious suppression of information or to cases in which Fraport has provided a guarantee as an exception, or when claims are based on the German Product Liability Law.
7.5
To the extent that Fraport’s liability is excluded or limited, this also applies to the personal liability of its employees, representatives, and agents.
8. Links
To the extent that the Airport Portal contains links to websites of third parties, Fraport accepts no responsibility for their content. If the user follows such a link, he/she leaves behind the information provided by Fraport. Responsibility for the content of websites that can be reached via an external link rests exclusively with their operators/providers. Only the latter are responsible for ensuring compliance with data privacy regulations when these websites are used.
9. Termination of the Utilization Contract
9.1
The user may terminate his/her utilization contract at any time with immediate effect without specifying any reasons.
9.2
Fraport may terminate the utilization contract at any time without specifying any reasons by providing one month’s notice to the end of a month.
9.3
The right of both sides to terminate the contract for good cause remains unaffected.
9.4
Notices of termination must be in writing to be effective.
10. Contractual Language and Applicable Law
The German-language version of this contract is legally binding.
These Terms & Conditions of Use and all legal relationships between Fraport and the user are exclusively subject to the laws of the Federal Republic of Germany, excluding all provisions of international and multinational contract law, and especially those of the United Nations Convention on Contracts for the International Sale of Goods.
If the user is a consumer in the sense of section 13 of the German Civil Code, the laws of the country in which he/she normally resides shall apply if, and to the extent that, the choice of German law would cause him/her to lose protections that he/she would otherwise be entitled to under the laws of his/her country of residence.